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public interest for Grantor to continue to primarily use the Property without substantial economic hardship, <br />or that makes the Purpose of this TDRE no longer practicable, Grantor or Grantee may notify the other in <br />writing of such changed circumstances (a "Changed Circumstances Notice") and indicating that it desires <br />to extinguish the TDRE. <br />3. The Changed Circumstance Notice must specify the set of facts that the initiator (either the Grantor, <br />Grantee or both) of said notice believes to constitute a change in circumstances making it reasonably <br />necessary to extinguish or modify this TDRE allowing future residential development on the property to <br />occur the initiator will include any supporting documentation as initiator believes to be reasonably <br />necessary. <br />4. The Changed Circumstances Notice shall be submitted to the Director of Kittitas County Community <br />Development Services for review. The Director shall evaluate the Notice and prepare a Staff Report, which <br />shall include an analysis of the Changed Circumstances Notice and a recommendation for action. The Staff <br />Report shall be submitted to the Board, advising either approval or denial of the Changed Circumstances <br />Notice and the associated requests outlined therein. The Board shall review the Staff Report and take <br />further action as deemed appropriate. <br />Section 9. Transfer of the Property. <br />Upon transfer of the Property or portion of the Property, or any interest in the Property, from one landowner to <br />another, the conveyance document shall expressly refer to this Easement and be subject to its terms, covenants, <br />conditions, and restrictions, which shall run with the land and bind the Property in perpetuity. The failure of <br />Grantor to perform any act required by this subsection will not impair the validity of this Easement or limit its <br />enforceability in any way. <br />Section 10. Amendment. <br />This Easement may be amended by agreement of the Parties. Any such amendment must be consistent with the <br />Purpose of this Easement and the provisions of the TDR Program and will be recorded in the official records of <br />Kittitas County, Washington, and any other jurisdiction in which such recording is required. <br />Section 11. Notices. <br />Any notice, approval or communication that either Party is required to send under this Easement must be given <br />in writing to the following addresses: <br />To Grantor: <br />Name Windy City Holdings LLC <br />Address 1410 W Dolarway Road Suite 301 <br />City Ellensburg. WA 98926 <br />To Grantee: <br />Kittitas County Community Development Services <br />411 North Ruby, Suite 2 <br />Ellensburg, Washington 98926 <br />or to such other address as either party designates by written notice to the other. <br />5 <br />